CONCEPT PAPER SIXTH INTER-AMERICAN MEETING OF ELECTORAL MANAGEMENT BODIES (EMBS) - Organization of American States
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SIXTH INTER-AMERICAN MEETING OF ELECTORAL MANAGEMENT BODIES
(EMBS)
“STRENGTHENING ELECTORAL PROCESSES: THE ROLE OF EMBS BETWEEN ELECTIONS,
VOTER REGISTRY AND INTERNATIONAL ELECTORAL OBSERVATION”
CONCEPT PAPER
The Inter-American Meetings of Electoral Management Bodies (EMBs) seek to
promote the effective exchange of knowledge, experiences and best practices of
electoral administration in the region. In particular, these meetings facilitate
horizontal cooperation to ensure the ongoing strengthening of EMB capacities, and
to further improve the conduct of elections in the Americas.
To date, there have been five Inter-American Meetings of Electoral Management
Bodies. The first took place in March 2003 in Panama City, Panama, where
participants discussed the importance of consensus among political actors to
implement technological changes and to promote the necessary legal reforms in
this area. In subsequent meetings, participants discussed the effective use of new
technologies at different stages of the electoral process, sharing best practices in
ensuring the accurate and efficient transmission of results, among other things. In
April 2008 in Quito, Ecuador, representatives of the electoral management bodies
of the region explored efforts to strengthen public confidence in electoral
processes, paying particular attention to three issues: political financing, electoral
participation and technology.
The more recent meetings, from 2007 to 2008, provided important impetus for
information sharing and inter-institutional collaboration, as well as very concrete
initiatives to strengthen electoral authorities and to make elections more
transparent and participatory. For instance, the General Secretariat of the OAS
initiated the project “Strengthening Electoral Processes and Registry Systems of
Panama: Implementing a Quality Management System.” Subsequently, following
the Quito meeting, the Supreme Electoral Tribunal of Costa Rica and the National
Electoral Jury of Peru requested similar technical assistance.
Starting in 2008, the Department of Electoral Cooperation and Observation
(DECO) began institutionalizing its capacity-building project known as the First
Inter-American Electoral Training Seminar. At the 2008 meeting in Quito, electoralauthorities themselves discussed and selected the priority topics to be addressed
at the training seminar.
The Fifth Inter-American Meeting was also a milestone in terms of regional
participation. It was the first time that electoral management bodies of the
Caribbean participated. Their contributions demonstrated important commonalities
between Latin America and the Caribbean1.
The Sixth Inter-American Meeting of Electoral Management Bodies, to be held in
Ottawa, Canada from June 21 to 23, 2009, will address three key themes for
EMBs: the role of electoral management bodies between elections, voter registry
and international electoral observation.
• “Role of EMBs between Elections”
Permanent electoral management bodies (EMBs), which have largely become the
norm, have a multifaceted role that can vary to a large extent based on their
specific legislative mandate, which is not confined to the election period.
One of the primary focuses of an EMB in the immediate aftermath of an election is
closing the process. This includes ensuring that results are tabulated and
published accurately and promptly. This could also include the processing of
election financial returns, the handling of election reimbursements, and the
investigation of complaints in relation to potential breaches of the legislation. The
processes above may take several months and can be quite complex. This is also
true when maintaining a state of election readiness, which is especially important in
countries with no fixed election dates so that an election can be called at any time.
Often, with prior approval from Parliament, EMBs also have to test and develop
new procedures or systems that may be piloted during elections.
In some jurisdictions, a clear mandate is provided for the activities of EMBs for the
period between elections, such as conducting voter registration, maintaining the
voter registry, and ensuring that political financing procedures are complied with,
such as the registration of political organizations and the allocation of annual
subsidies.
While some jurisdictions are mandated to educate voters, especially in the case of
groups less likely to vote, this is generally not done between elections. However, in
light of the low voter turnout in several countries, this role now tends to be
extended to the period between elections. From this perspective, for some
jurisdictions, ensuring greater cooperation with interested parties, such as civil-
society organizations, educators, and various levels of government, becomes
vitally important in order to increase access to voting and motivate electors to vote.
1
For a summary of the presentations and discussions at this meeting, see:
http://www.oas.org/sap/docs/DECO/V%20Reunion%20de%20autoridades%20electorales%20final.
pdf
2Another key role of EMBs between elections is to implement any legislative
changes put forward by their respective Parliament on election-related matters.
Furthermore, in some cases, EMBs play a key role in submitting recommendations
to Parliament to amend the electoral legislation in order to improve its
administration. Similarly, legislators can consult EMBs when planning electoral
reforms. Such processes allow legislators to adopt legislation based on sound
expert advice from EMBs and ensure that legislation can be implemented in time
for the next election while also taking into account administrative considerations.
Finally, while some EMBs have an explicit international legislative mandate, a fair
number of electoral agencies are involved in various international activities that
include: attending international conferences and events; learning and sharing best
practices; hosting foreign delegations; and offering expert assistance to other
organizations, either bilaterally or in the context of electoral assistance missions.
The range of these activities largely depends on the capacity of individual EMBs.
• “Strengthening Electoral Processes: Voter Registry”
The voter registry contains the names and other information on all eligible voters,
and in some cases may include citizens who are temporarily ineligible, but who
may be listed in a special section of the registry. This is a dynamic tool that
changes as additional citizens register or change their information, such as their
place of residence. As an election approaches, the registry is closed and a list of
current eligible voters is printed. This list is the voter registry.2
A reliable and accessible voters list is vital in promoting public confidence and
minimizing any doubts about whether election results reflect the will of the
electorate. Among other things, accurate information helps to prevent people from
voting twice and contributes to the efficient planning of elections.3 In many
countries, the electoral management body is responsible for registering voters
(which can be done during an election and/or between elections), and updating the
voter registry. These electoral bodies also inform voters about the need to update
their information.
A review of the literature on this subject suggests that there are different types of
voter registries, which can be classified based on four factors: 1) compulsory
versus voluntary registration; 2) constant updating of lists versus lists created for
each election; 3) registration as a State responsibility versus a citizen’s duty; and
4) specific voter registries versus the absence of any voter registry.4 Each country
chooses the type of registry according to specific political, historical and social
considerations, and therefore, none is necessarily better than the other.
2
Urruty,Carlos Alberto, Treatise on Compared Electoral Law of Latin America, International IDEA,
2007, p. 467 - 468.
3
López Pintor, Rafael “Purging Voter Registers”, presentation given at the First Inter-American
Electoral Training Seminar, organized jointly by OAS-IFE-FLACSO-IDEA, México D.F., November
2008.
4
Rafael López Pintor and Maria Gratschew, Voter Turnout Since 1945, Voter Registration and
Inclusive Democracy: Analyzing Registration Practices Worldwide, International IDEA, 2002, p. 25.
3List of countries with “automatic” and “on request” voter registries5
Automatic Voter Registry Voter Registry On Request
Argentina Antigua and Barbuda
Colombia Anguilla
Costa Rica Aruba
Cuba Bahamas
Ecuador Barbados
El Salvador Belize
Honduras Bermuda
Nicaragua Bolivia
Panama Brazil
Peru Canada
Venezuela Cayman Islands
Chile
Dominica
Dominican Republic
French Guyana
Guadalupe
Guatemala
Guyana
Haiti
Jamaica
Martinique
Mexico
Paraguay
Puerto Rico
St. Vincent & The Grenadines
St. Lucia
Trinidad and Tobago
United States of America
Uruguay
The relationship between civil and voter registries is another fundamental aspect of
electoral processes. Since the right to vote and be elected depends on certain
requirements confirmed by the civil registry, including nationality, place of
residence and age, the accuracy of this information is vital.6 The OAS places
special emphasis on the countless challenges to ensuring the accuracy of civil and
voter registries.
One of the mechanisms used to identify inaccuracies and constraints is a voter-
registry audit. While an audit cannot “certify” a voter registry, it can provide a good
analysis of the quality of the voter registry and any repercussions on the electoral
process. The outcome of an audit consists of findings and recommendations that
enable EMBs to improve the process of voter registration, thus producing a more
accurate voter registry. Another important tool that has allowed the OAS to assess
civil and voter registries has been international electoral observation. Among the
5
Urruty, Carlos Alberto, Treatise on Compared Electoral Law of Latin America. International IDEA,
2007, p. 474-476.
6
Urruty, Carlos Alberto, Treatise on Compared Electoral Law of Latin America, International IDEA,
2007.
4problems identified by the OAS are procedures for organizing voter registries
(alphabetical versus residential), obstacles to the flow of information between the
civil and electoral registries, a lack of access to information, and inadequate efforts
to eliminate the names of ineligible or deceased voters from the registry.
However, not all challenges regarding the accuracy and functionality of voter
registries are related to technical aspects. In Latin America, major migration flows
(regional and international) affect voter registries because citizens in such
situations do not always remove themselves from the registry.7 Also, when a
person moves to a different electoral district within the same country, the voter is
usually required to notify the EMB of the change in order for it to be reflected in the
electoral registry, but often this does not occur. As a result, voter registration by
district is inaccurate.
In addition, according to UNICEF, the latest estimates for 1996-2006 indicate that
11% of children under the age of five in Latin America and the Caribbean are not
registered.8 This means that a high number of future citizens is already excluded,
and that if the situation persists, they will be deprived of exercising their right to
vote. The challenges mentioned above are only a few, and certainly many more
will be identified through the exchange of experiences at this meeting.
• “Strengthening Electoral Processes: International Electoral
Observation”
International Electoral Observation Missions (EOMs) have become an essential
tool for promoting and defending democracy in the Hemisphere. Since 1960, the
OAS has observed more than 120 elections, but the most significant developments
have occurred during the last 15 years. Today, the findings from various EOMs
deployed by the OAS Department of Electoral Cooperation and Observation reveal
that OAS member States have considerably improved their electoral processes.
Similarly, member States are increasingly recognizing the legitimate role of
international electoral observation.9
The evolution of international electoral observation has taken place alongside and
in close relation to the political and cultural changes that have been happening in
Latin America and the Caribbean. Initially, international electoral observation
missions were symbolic and very limited in time and scope.
In a significant number of countries, during the transition from authoritarian regimes
to democratic systems, international electoral observation missions acquired
special relevance: they accompanied the transitions taking place through the
7
Carolina Perelli, Improving Voter Registries, presentation given at the First Inter-American
Electoral Training Seminar, organized jointly by OAS-IFE-FLACSO-IDEA, México D.F., November
2008.
8
UNICEF, The State of Latin American and Caribbean Children 2008, p.36.
9
Dante Caputo, Beyond Electoral Democracy: Building a Democracy of Citizenship The 2005 -
2006 Electoral Cycle in The Americas: A Review by the OAS General Secretariat, Panama 2007.
5holding of free elections for the main public posts, and they gave more legitimacy
to these processes. These missions were more ambitious than their predecessors
and election day was considered as the main aspect of the process being
observed.
With the establishment of democracies, elections became just one element in the
consolidation of systems, and electoral management bodies began to become
more professional. At this stage, election day was no longer the most relevant
element of the observed process. Today, missions also focus on the existence of
equitable and fair conditions for participating in an election. Some of the main
aspects that are now being considered include the role of government in political
campaigns, political financing and access to the media.
In this regard, no standardized methodology existed during the first generation of
international electoral observation missions. Now, however, various organizations,
including the OAS, are promoting the standardization of observation methodology,
in an attempt to consolidate, professionalize and constantly improve their
effectiveness.10
In 2006, in accordance with the Inter-American Democratic Charter and other inter-
American legal instruments, the Declaration of Principles for International Election
Observation, and the International Code of Conduct for International Election
Observers, the OAS developed a rigorous methodology to assess, in an objective,
impartial and transparent manner, whether an election meets the standards set by
international legal instruments.11
The OAS methodology for evaluating elections has as its starting point a definition
of the concept of democratic elections. This definition takes into account four basic
conditions: that elections be inclusive, providing equal opportunity for citizens to
exercise their right to vote; that elections be free from corruption, ensuring that
voters’ preferences are respected and faithfully recorded; that elections be
competitive, offering the electorate a choice among different candidates; and that
elections be repeated regularly, ensuring authority to elected officials for a pre-
determined term.12
Unlike in the years following democratic transitions when election day was the
main aspect to be observed, the OAS now also places a special emphasis on the
existence of equitable conditions for participation and fair access as essential
elements to make an overall assessment of the electoral process and in order to
contribute to the strengthening of the electoral system.
10
Elizabeth Spehar, The Organization of American States and Electoral Observation: Advances
and Lessons Learned in the 2005 - 2006 Electoral Cycle in The Americas: A Review by the OAS
General Secretariat, Panama 2007.
11
Munck, Gerardo L., Systematizing Practices: Criteria and Methods for Electoral Observation in
the 2005 - 2006 Electoral Cycle in The Americas: A Review by the OAS General Secretariat,
Panama 2007.
12
General Secretariat of the Organization of American States (GS/OAS), Methods for Election
Observation: A Manual for OAS Electoral Observation Missions, Washington, DC, 2007.
6Indeed, international observation missions should provide recommendations to
improve electoral systems and processes. Point 4 of the Declaration of Principles
for International Election Observation states: “International election observation
should, when possible, offer recommendations for improving the integrity and
effectiveness of electoral and related processes [...]”.
Experience also shows that recommendations made by electoral observation
missions are not always implemented. It often occurs that when the mission returns
to observe the next election, many of the weaknesses identified still persist. This is
undoubtedly due to the fact that electoral authorities do not always have the
necessary human and financial resources, or the time and support to implement
the recommendations. In view of this situation, since 2008 and for the first time, the
OAS has made an effort to offer its good offices to implement the
recommendations contained in its EOM reports, if so requested. Such projects are
currently under way in three countries: Bolivia, Guatemala and Paraguay.
It is worth mentioning that OAS member States gathered in Medellín, Colombia in
June 2008 also approved General Assembly Resolution 2422 that requests “the
General Secretariat to provide assistance to member States that so request it for
the implementation of recommendations contained in the reports of OAS Electoral
Observation Missions.” For institutions such as the OAS, contributing to the
improvement of electoral systems and processes is without a doubt a very
important task.
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